Judge Allows Trump to Oppose Release of Jack Smith’s Sealed Mar-a-Lago Report

A federal judge who dismissed the classified documents case against Donald Trump has now granted the former president permission to formally oppose the release of a key portion of former special counsel Jack Smith’s Mar-a-Lago report.

In a brief order issued Sunday, U.S. District Judge Aileen Cannon approved Trump’s request to participate as a “friend of the court,” or amicus curiae, in ongoing proceedings related to Volume II of Smith’s final report. Cannon specified that no additional filings would be permitted under the order.

The decision comes roughly two weeks after Trump asked to weigh in, aligning himself with his former co-defendants, valet Waltine Nauta and Mar-a-Lago property manager Carlos de Oliveira, both of whom oppose making the report public.

Trump argued that his participation would simply restate legal positions he has already presented, along with arguments made by Nauta and de Oliveira, asserting that Volume II of Smith’s report should remain sealed. He also claimed his involvement would not delay proceedings or prejudice any party.

At the center of the dispute is a January injunction issued by Cannon blocking the public release of Volume II, which focuses on the classified documents investigation. At the time, Cannon cited the ongoing appeals of Nauta and de Oliveira, saying disclosure could threaten their due process rights.

That rationale has since been challenged. Months after Cannon invalidated Smith’s appointment and dismissed the case against Trump, the Justice Department dropped the remaining charges against Nauta and de Oliveira, effectively ending their appeals. Despite that, Cannon has not ruled on motions filed earlier this year by American Oversight and the Knight First Amendment Institute, which seek to lift the injunction.

After months of inaction, the two watchdog groups asked the 11th U.S. Circuit Court of Appeals to intervene. While the appeals court stopped short of forcing Cannon to rule immediately, it imposed a 60-day deadline starting in early November, citing “undue delay” in resolving the motions.

Meanwhile, the Justice Department, Nauta, and de Oliveira have doubled down on their opposition. In a joint filing earlier this month, prosecutors argued that intervention by outside groups is improper and urged Cannon to reject the motions without addressing their merits, maintaining that the injunction should stay in place.

The filing warned that releasing Volume II would cause “extraordinary” prejudice to Nauta and de Oliveira. The Justice Department also emphasized that any decision to release the report falls under the discretion of Attorney General Pam Bondi.

Nauta and de Oliveira went further, arguing that Volume II should be “relegated to the dustbin of history,” citing what they described as excessive pretrial publicity stemming from an investigation they claim was led by an unconstitutionally appointed prosecutor.

American Oversight sharply disagreed. Executive Director Chioma Chukwu said Trump’s latest move amounts to an effort to keep potentially critical information — including matters involving national security — from public view, warning that continued secrecy undermines accountability as the legal fight drags on.

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